The Court of Appeal has ruled that decisions on cross sex hormone treatment and gender changes can be reviewed by a judge. A 16-year-old wanted to make a decision about the future and the parents disagreed. The father was supportive and the mother (they were divorced) opposed. The issue arose whether a judge could get involved and the answer was a resounding Yes from the most senior civil law judge in the country, Sir Geoffrey Vos, the Master of the Rolls. The legal proceedings pitted the mother against the father, who supported the child’s attempts to have treatment for gender…
Although same-sex marriage has increased, for many, marriage is being replaced by couples choosing to live together as. Although cohabitation is the fastest growing family type in the UK, there is little to no financial protection for cohabitees should the couple break up, or one party die without leaving a Will. This is the case regardless of length of time living together, or if the couple have children (though there are some financial claims that can be brought for the benefit of children). The fall in marriage rates has renewed calls for cohabitation reform. I hope that in the not-too-distant…
A “bereft” mother is fighting the wishes of her daughter and her ex-husband, to allow their 16 year old to take masculinsing hormones. Keep an eye on the Court of Appeal case called Re O and Q. The divorced parents disagree on whether their child should take cross-sex hormone treatment. Interestingly the law on puberty blockers, does not apply to cross-sex hormone treatment. The mother says “My job as a mother is to protect my child but I am told by social workers and doctors that I cannot”. Should the mother’s view prevail over the father’s ? Rodney Hylton-Potts
Even with Labour’s increases in deportations, the UK’s legal framework remains a significant barrier to removing illegal migrants. The Human Rights Act, in particular, acts as a lifeline for those who fail their asylum claims. Appeals drag on for months, sometimes years, as migrants cite Article 8 (the right to private and family life) or Article 3 (protection from inhumane treatment) to block deportation. Time and again, these legal challenges succeed, creating a merry-go-round that prevents meaningful enforcement of immigration rules. Labour, despite its rhetoric, has shown no inclination to repeal the Human Rights Act, a cornerstone of the system…
New workplace anti-harassment rules have just come into force. There is now a duty on employers to take reasonable steps to prevent sexual pestering of their employees. Failure to do so can lead to unlimited compensation. This covers inappropriate comments, exclusion from meetings or just admiring and paying a compliment, if the employee objects. And certainly no casual touching. It is typical of the woke nonsense, which will go some way to killing off Christmas parties. In a survey, 87% of workers said that they would rather have a bonus than a party, so forget the mistletoe! Good memories though.…
Thousands of people including children are being investigated by police for incidents, which are not even crimes. Nine year olds having playground arguments, e.g. to another pupil “you smell like fish” are all being logged on a computer. It is incredible and a disgrace, that police time should be wasted in this way and we have not heard a peep from the Police Commissioners, who are supposed to hold them to account. This at a time when shoplifting is rife, yet when the shopkeeper phones the police or a householder who scares away an intruder, they do not even show…
I was dismayed to learn that Captain Tom’s Foundation is not going to take legal action to recover the money that should be going to good causes, due to the high legal costs. I have therefore offered my services, as one of the most experienced litigation lawyers in the country, pro bono. Is there a barrister who would join the team on the same basis please? If so, please get in touch. Rodney Hylton-Potts
The Bar Standards Board which regulates barristers, proposes to impose a positive duty to “act in a way that advances equality, diversity and inclusion”. It sounds innocuous but it is a step too far. Professionals already require barristers not to “discriminate unlawfully against any person”. A professional person should not need guidance like this. Solicitors will remember the infamous “green card” in the 1990s issued by the Law Society to warn solicitors about the dangers of mortgage fraud. As Sir David Napley said at the time “A solicitor does not need a “green card” or any other colour card, to…
Leading barristers and Kings Counsel are not immune to allegations of sexual misconduct. Najot Sidhu KC faces charges that he used his highly respected senior law status to harass his female pupils and trainees. One pupil said that on an overnight work trip he invited her to stay in his bed, putting pillows down the middle to “act as a barricade” between them. He denies the charges and his application to have the hearing held in private was denied. He now faces an eight day public hearing and no doubt the press will have a field day. When reading this…
Junior lawyers at a US firm work on average for more than 14 hours a day, clocking in from 9.19am to 11.11pm. Starting salaries verging on £180,000 p.a. translate to brutal working hours. Recent press reports of 60 or 70 hour weeks for young lawyers in the UK in exchange for huge starting salaries, have brought into focus how long the working week should be. In a perfect world a lawyer, or anyone else running a business, should be able to make a reasonable living and profit working a 40 hour week but, in the real world, any self-employed person…
